Don't Like Arbitration Award? Have District Court Confirm It First.

in ,


This is a pretty clever resolution to an arbitration problem that was just affirmed by the 11th Circuit.

Problem was some monies were not properly credited to one of the arbitrating parties because the issue was not discovered until after the arbitration award.

What to do?

According to the 11th Circuit, the procedure adopted by the district court was kosher -- move for a judgment confirming the arbitration award, then seek to have the judgment modified under Rule 60(b)(5).

Huh?

It actually makes some sense, and I urge everyone to read the thoughtful opinion.

I told you we had some smart judges within the 11th Circuit!

This entry was posted on at 4:28 AM and is filed under , . You can follow any responses to this entry through the RSS 2.0. You can leave a response.

VIP Followers

Info recommended by: Webpages of law

Popular entries

  • Limos for Everyone?
    Several in-the-know readers have passed along an incendiary anonymous memo making the rounds among administrators and trustees regarding fin...
  • What is the Stevenson-Kelsey Spousal Support Calculator?
    UPDATE: There is pending legislation for major changes to the alimony statute in Massachusetts. The Alimony Reform Act of 2011 was filed on...
  • Strikes have consequences
    500 Coke employees  lost their health insurance  the day after they went on strike. The union has  sued under ERISA , claiming the action wa...
  • When a Facebook Friend Request is Against the Law
    Two weeks ago, a Florida man was arrested for logging on to his Facebook account and requesting that his estranged wife list him as a "...
  • Medical marijuana and employers' drug tests
    Medical marijuana legal in some states,  is creating some employment law problems . Seems employees with prescriptions for medicinal use of ...
  • Mott's strike: Day 100
    Today marks day 100 of the Mott's strike .  The pro-union writer, Michael Winship, does a pretty good job of outlining the economics of ...
  • Card check, NO!
    This business owner's  letter to the editor  makes a strong case for preservation of the secret ballot for determining a union's maj...
  • Going, going, gone.
    Here is  another example  (the leather goods industry) of the absolute collapse of domestic manufacturing causing the elimination of high pa...
  • Becker recusal refusal supported by I. G.
    Responding to a request from Congressman Darrell Issa (R. CA), David Berry, the  Inspector General for the NLRB   has determined Craig Becke...
  • Radio Appearance on Money Matters Radio - UPDATED
    Attorney Kelsey will be appearing on Money Matters with Scottie McCall on Friday, April 30, 2010 at 3:30 P.M. Attorney Kelsey will discuss...